West Virgina v. Barnette
Title
Description
"There is no doubt that, in connection with the pledges, the flag salute is a form of utterance. Symbolism is a primitive but effective way of communicating ideas. The use of an emblem or flag to symbolize some system, idea, institution, or personality, is a short cut from mind to mind."
The religious organization considered the flag to be an "image," and the act of saluting constituted a type of worship forbidden by their religious beliefs. Children of the religious organization had been expelled from school for failing to salute the American flag. Parents of such children were threatened with prosecutions for causing delinquency. The board asserted that it had the power to impose such a regulation and that it was not unconstitutional. The court held that the flag salute was a form of utterance protected by the First Amendment. The board's actions compelling the flag salute and pledge transcended the constitutional limitations of their power. The board was unable to restrict the religious organization's freedoms as expressed under the First Amendment. The court held that the action of the local authorities in compelling the flag salute and pledge transcended constitutional limitations on their power and invaded the sphere of intellect and spirit which was the purpose of the First Amendment to reserve from all official control.
The religious organization considered the flag to be an "image," and the act of saluting constituted a type of worship forbidden by their religious beliefs. Children of the religious organization had been expelled from school for failing to salute the American flag. Parents of such children were threatened with prosecutions for causing delinquency. The board asserted that it had the power to impose such a regulation and that it was not unconstitutional. The court held that the flag salute was a form of utterance protected by the First Amendment. The board's actions compelling the flag salute and pledge transcended the constitutional limitations of their power. The board was unable to restrict the religious organization's freedoms as expressed under the First Amendment. The court held that the action of the local authorities in compelling the flag salute and pledge transcended constitutional limitations on their power and invaded the sphere of intellect and spirit which was the purpose of the First Amendment to reserve from all official control.
Date
1943-06-14
Type
Court Case
Source
WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL. (June 14, 1943) https://supreme.justia.com/cases/federal/us/319/624/case.html